INFANTE v. CITY OF NEW YORK


258 A.D.2d 333 (1999)

685 N.Y.S.2d 205

TOMASA INFANTE et al., Respondents, v. CITY OF NEW YORK, Respondent, and CARY WOLF et al., Appellants, et al., Defendants. (And Other Actions.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 11, 1999.


The use of the public sidewalk as a driveway and parking lot for the gas station owned by defendant Mercado, on abutting property he leased from defendant Getty Petroleum Corp., which in turn leased it from defendant Wolf, the owner, was a special use, and there was sufficient evidence to establish that such special use caused the defect in the sidewalk that caused plaintiff to fall (see, Mincey v Mensch, 253 A.D.2d 656; Thanh...

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